Torah Community Connections

Week 57 - Friday - 29 December 2000

YEVAMOT: CHAPTER 13: MISHNAH 12

If a yavam who is a minor had intercourse with a yevamah who is a minor -- they shall grow up together; if he had intercourse with an adult yevamah -- she must wait until he is grown up. If a yevamah said within thirty days, "I did not have intercourse" -- they compel him to submit to halitzah from her; after thirty days -- they request him to submit to halitzah from her. But if he admits, even after twelve months -- they compel him to submit to halitzah from her.

Kehati

If a yavam who is a minor had intercourse with a yevamah who is a minor -- i.e., a boy and a girl both minors, whose act of intercourse is legally valid, i.e., the yavam is at least nine years old, and the yevamah is at least three years old (Hameiri), they shall grow up together, -- he may not divorce her until he comes of age, for the bill of divorce given by a minor is not valid, and the girl who is a minor may not receive bill of divorce until she knows how to guard it;

If he -- a yavam who is a minor, had intercourse with an adult yevamah -- she must wait until he is grown up -- she waits until he comes of age, since she may not go out from him, either with a bill of divorce or by halitzah, until he comes of age.

If a yevamah said within thirty days -- after the yavam wed her, "I did not have intercourse -- with the yavam, and he must submit to halitzah from me." The Gemara explains that this refers to a case in which she possesses a bill of divorce from him, and he therefore may no longer have intercourse with her, and the yevamah claims that the yavam had not had intercourse with her at all , and the bill of divorce does not release her to marry another until she performs halitzah on him; while the yavam claims, "I had intercourse with you, and the bill of divorce that I gave you is sufficient for you," and he does not want to submit to halitzah from her, because he is embarrassed by her spitting in front of him in the Court (Tosafot; see also Tosefot Yom Tov), they compel him to submit to halitzah from her -- since the yevamah is believed within thirty days if she says that the yavam did not have intercourse with her, for during these thirty days the yavam at times restrains himself from having intercourse with her (Gemara). If, however, he had not yet divorced her, they compel him either to marry her by yibum or to submit to halitzah from her. If the yevamah came

After thirty days -- after the yavam wed her, and she said, "I did not have intercourse" and the yavam claims that he married her by yibum (i.e., they had intercourse) and divorced her, they request him to submit to halitzah from her -- because of her claim. They do not, however, compel him to submit to halitzah from her, for after thirty days it is presumed that he did have sexual intercourse with her, and her statement is not believed. Since, however, according to her statement, she is prohibited to another until he submits to halitzah from her, for she is believed regarding herself, they therefore request of him that he submit to halitzah from her.

But if he admits -- that he had not had intercourse with her, even after twelve months -- they compel him to submit to halitzah from her -- to permit her to marry another.

YEVAMOT: CHAPTER 13: MISHNAH 13

If a woman prohibits herself by vow from deriving benefit from her brother-in-law: during her husband's lifetime -- they compel him to submit to halitzah from her; after her husband's death -- they request him to submit to halitzah from her. And if she intended this, even during her husband's lifetime -- they request him to submit to halitzah from her.

Kehati

If a woman prohibits herself by vow from deriving benefit from her brother-in-law: if she vowed during her husband's lifetime -- and after her husband's death she is therefore prohibited from undergoing yibum with him. Since she did not consider at the time she took the vow that her husband would die and she would come before her brother-in-law for yibum, and she did not intend to release herself form the mitzvah of yibum, they -- the Court,

Compel him -- her yavam, to submit to halitzah from her -- and she receives her ketubah. But if she prohibits herself by vow from deriving benefit from her brother-in-law after her husband's death -- when she had already become liable to yibum by him, they request him to submit to halitzah from her -- but they do not compel him, since she intended to release herself from the mitzvah of yibum. And when he will be willing to submit to halitzah from her, and she waives her ketubah financial rights, they compel him to submit to halitzah from her (Rambam; Bartenura).

And if there is proof that she intended this -- to cancel the mitzvah of yibum with her vow, even if she had taken the vow during her husband's lifetime -- they do not compel the yavam, but they request him to submit to halitzah from her -- as explained above.

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